REPUBLIC OF THE PHILIPPINES

Sixth Judicial Region

REGIONAL TRIAL COURT
Poblacion, DumanBANANA, Iloilo
Branch 68

PLAINTIFFS. JASTILLANO
HEIR OF DECEASEDS. JASTILLANO,
Plaintiff,

Civil Case No. 21-20430

For: Petition for the
Declaration of Nullity of the
Deeds of Sale and of TCT
No. 090-2018006578, TCT
No. 090-2018006579, TCT
No. 090-2018006580, TCT
No. 090-2018006581, TCT
No. 090-2018006582 and
TCT No. 090-2018010097,
Recovery of Ownership and
Damages with Prayer for the
Issuance of a Temporary
Restraining Order (TRO)
and Writ of Preliminary
Injunction (WPI)

-versus-

KUYAWILL DIVINEGRACE, SR.,

REPUBLIC BANANA CORPORATION
AND 88 KITTENS CORPORATION,
Defendants.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT
OF PLAINTIFFS. JASTILLANO

This Judicial Affidavit of PLAINTIFFS. JASTILLANO is offered

to serve as his direct testimony in this instant petition and to prove:

1. That Plaintiff PLAINTIFFS. JASTILLANO is the son and

the surviving heir of deceased DECEASEDS. JASTILLANO;

2. That DECEASEDS. JASTILLANO died on 9 October

1991;
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 2 of 9

3. That Transfer Certificate of Title No.T-55302 is

registered in the name of PLAINTIFF’s mother DECEASEDSUBIBI
JASTILLANO, with an area of ONE HUNDRED SEVEN THOUSAND
AND THIRTY FIVE (107, 035) SQUARE METERS;

4. That the Deed of Sale dated 4 April 2017 between

deceased DECEASEDand KUYAWILL DIVINEGRACE is FALSIFIED
and/or FICTITIOUS;

5. That the cancellation of TCT No.T-55302 is INVALID and

the issuance of TCT No. 090-2017010901 in the name of Defendant
DIVINEGRACE is NULL and VOID AB INITIO;

6. That the Deeds of Sale between Defendant

DIVINEGRACE and Defendant REPUBLIC BANANA
CORPORATION dated 30 April 2018 and DIVINEGRACE and
88KITTENS CORPORATION dated 13 August 2018, respectively,
are NULL and VOID AB INITIO;

7. That the following titles are NULL and VOID AB INITIO

Lot 505-A 10,000 SQ.M TCT No. 090-2018010097

Lot 505-B 20,636 SQ.M TCT No. 090-2018006578
Lot 505-C 1,317 SQ.M TCT No. 090-2018006582
Lot 505-D 10,000 SQ.M TCT No. 090-2018006579
Lot 505-E 9,029 SQ.M TCT No. 090-2018006580
Lot 505-F 56,053 SQ.M TCT No. 090-2018006581

8. That PLAINTIFF’s rights over the property as the

surviving heir of landowner DECEASEDhad been and is continuously
being violated, especially by the subsequent sales and transfers of
the subject parcel of land made by Defendant DIVINEGRACE to
Defendant REPUBLIC BANANA and Defendant 88KITTENS,
respectively; and,

9. To prove all material allegations in the instant complaint

including all annexes appended thereto and all related matters, facts
and circumstances relevant and material to the complaint.

This Judicial Affidavit was taken at TMZD law office at Level 10-
1 One Global Place, 25th Street & 5th Avenue, Bonifacio Global City.

Questions were propounded by Atty.COUNSELI.

Prado, in English, which the affiant fully understands, while
Answers were given by witness in Tagalog and English,
translated and transcribed in English. Questions are
numbered and each is followed by the answer of the
witness.
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 3 of 9

1. Q: Please state your name and other personal

circumstances for the record.
A: PLAINTIFFS. Jastillano, married, 60 years old, retired
employee and a resident of 238 Ligao St., San Miguel, Manila.

2. Q: Are you the same PLAINTIFFS. Jastillano, the plaintiff in

this case?
A: Yes ma’am.

3. Q: I am showing to you a copy of the Complaint, a Petition

for the Declaration of Nullity of the Deeds of Sale and of TCT
No. 090-2018006577, TCT No. 090-2018006578, TCT No. 090-
2018006579, TCT No. 090-2018006580, TCT No. 090-
2018006581, TCT No. 090-2018006582 and TCT No. 090-
2018010097, Recovery of Ownership and Damages with
Prayer for the Issuance of a Temporary Restraining Order
(TRO) and Writ of Preliminary Injunction (WPI), what is the
relation of this document to the one you filed?
A: That is the complaint I filed ma’am. (‘yan po ang complaint na
isinampa ko ma’am.)
(May we respectfully request your honor that said document be
marked as Exhibit “A,” for the plaintiff.)

4. Q: Do you know a certain DECEASEDS. JASTILLANO?

A: Yes ma’am. She is my mother. She gave birth to me on
October 5, 1961 in DumanBANANA, Iloilo as shown in my birth
certificate. (Opo. Nanay ko po siya. Ipinanganak po niya ako noong October 5,
1961 sa DumanBANANA Iloilo at nakasaad po yan sa birth certificate ko.)

5. Q: I am showing to you a copy of a Certificate of Live Birth.

What is the relation of this document to the one you
mentioned?
A: That is my birth certificate ma’am. (‘yan po ang birth certificate
ko.)
(May we respectfully request your honor that said document, attached
to the complaint as Annex “A” be marked as Exhibit “B,” for the
plaintiff.)

6. Q: Why do you allege in your complaint that you are the

surviving heir of DECEASEDS. JASTILLANO?
A: It is so because my mother DECEASEDalready died on 9
October 1991 in DumanBANANA District Hospital,
DumanBANANA, Iloilo, as shown in her death certificate. (Kaya
ko po sinasabi na ako ay tagapagmana dahil namatay na po ang nanay ko na si
DECEASEDnoong October 9, 1991 sa DumanBANANA District Hospital,
DumanBANANA, Iloilo at ito ay nakasaad sa kanyang death certificate.)
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 4 of 9

7. Q: I am showing to you a copy of a death certificate. What is

the relation of this document to the one you mentioned?
A: That is the death certificate of my mother DECEASEDS.
JASTILLANO ma’am. (‘yan po ang death certificate ng nanay ko na si
DECEASEDS. JASTILLANO)
(May we respectfully request your honor that said document, attached
to the complaint as Annex “B” be marked as Exhibit “C,” for the
plaintiff.)

8. Q: Does your mother own any property during her lifetime?

A: Yes, ma’am. She owns several lands including a ONE
HUNDRED SEVEN THOUSAND AND THIRTY FIVE (107, 035)
SQUARE METERS property covered by Transfer Certificate
of Title No.T-55302 registered in her name. (Opo. May mga pag-
aari po siyang mga lupain at kasama rito ang isang lupain na may sukat na
107,035 SQ.M at may titulo na TCT No.T-55302.)

9. Q: I am showing to you a copy of Transfer Certificate of

Title No.T-55302, what is the relation of this document to the
one you mentioned?
A: That is the title registered in the name of my mother
DECEASEDma’am. (‘yan po ang titulo na nakarehistro sa pangalang ng
nanay DECEASEDko.)
(May we respectfully request your honor that said document, attached
to the complaint as Annex “C” be marked as Exhibit “D,” for the
plaintiff.)

10. Q: What happened after the death of your mother?

A: My siblings, namely Gracelyn Jastillano

(GRACELYN), Franklin Jastillano (FRANKLIN) and Arturo
Jastillano (ARTURO) took care of the property and the
corresponding documents were safekept by our sibling Otet or
ARTURO, since they all reside in Iloilo and I live in Manila. They
however died on May 2000 (FRANKLIN), October 2000
(GRACELYN) and May 5, 2020 (ARTURO), respectively. (Ang
mga kapatid ko po na sina Gracelyn Jastillano, Franklin Jastillano at Arturo
Jastillano ang nag-asikaso ng mga lupain namin. At ang kapatid naming si Otet o
Arturo ang nagtago ng mga dokumentong naiwan ni nanay. Lahat kasi sila
nakatira sa Iloilo at ako naman ay nasa Maynila. Namatay sila noong May 2000
(FRANKLIN), October 2000 (GRACELYN) and May 5, 2020 (ARTURO.)

11. Q: What happened after the death of your siblings?

A: When my sibling Manong ARTURO died, the
documents in his possession were turned over to me. One of
these documents is Transfer Certificate of Title No.T-55302
registered in the name of our mother DECEASEDS.
JASTILLANO. I caused the procurement of the certified true
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 5 of 9

copy of said title and I was surprised to find out that it was
cancelled in 2017 by virtue of a Deed of Sale allegedly
executed on 4 April 2017 and TCT No. 090-2017010901 was
issued in the name of the purported buyer KUYAWILL
DIVINEGRACE, SR. I am sure that the Deed of Sale is
FALSIFIED because my mother died in 1991. How can a dead
person sell a property more than 25 years after her death?
(Noong namatay ang kapatid namin na si Otet o Arturo, ibinigay sa akin ang mga
dokumentong naiwan ni nanay, at kasama doon ang titulo TCT No.T-55302.
Nagpakuha ako ng certified true copy ng titulo na ito at nagulat ako na
na-cancel ito noong 2017 dahil sa Deed of Sale umano na ginawa ng nanay ko
noong April 4,2017 at dahil dito na-issue ang TCT No.090-2017010901 sa
pangalan ni KUYAWILL DIVINEGRACE, SR. Sigurado akong peke ang Deed
of Sale na iyon kasi 1991 namatay ang nanay ko. Paano po magbebenta ang isang
patay, 25 years pagkatapos niyang mamatay?)

12. Q: I am showing to you copies of a Deed of Sale dated

4 April 2017 and TCT No. 090-2017010901, what is the relation
of these documents to the ones you mentioned?
A: Those are the same documents ma’am. (‘yan po ang
tinutukoy kong dokumento.)
(May we respectfully request your honor that said document, attached
to the complaint as Annexes “D” and “E” be marked as Exhibits “E”
and “F,” for the plaintiff.)

13. Q: What else did you find out, if any?

A: I found out that TCT No. 090-2017010901 had also
been cancelled and the land had been subdivided into 6 lots.

Lot 505-A 10,000 SQ.M TCT No. 090-20180065771

Lot 505-B 20,636 SQ.M TCT No. 090-2018006578
Lot 505-C 1,317 SQ.M TCT No. 090-2018006582
Lot 505-D 10,000 SQ.M TCT No. 090-2018006579
Lot 505-E 9,029 SQ.M TCT No. 090-2018006580
Lot 505-F 56,053 SQ.M TCT No. 090-2018006581

And that on 30 April 2018, Defendant DIVINEGRACE

executed a sale in favor of Defendant REPUBLIC BANANA
CORPORATION (REPUBLIC BANANA) for a portion of land
with an area of 20, 636 SQ.M2 (Lot 505-B, TCT No.090-
2018006578.) I also found that Defendant DIVINEGRACE also
sold Lot 505-A with an area of 10,000 SQ.M to Defendant
88KITTENS CORPORATION on 13 August 2018. So, TCT No.
090-2018006577 was cancelled and TCT No. 090-2018010097
was issued in favor of 88KITTENS. (Nalaman ko po na ang titulo ni

1
cancelled pursuant to a Sale executed by KUYAWILL P. DIVINEGRACE, Sr. married to Helen Jemenia-
DIVINEGRACE in favor of 88KITTENS CORPORATION; Memorandum of Encumbrance on TCT No.090-
2018006577, Entry No.2018010242, p.3; TCT No.090-2018010097 was subsequently issued in the name of
88KITTENS CORPORATION.
2
Memorandum of Encumbrance on TCT No.090-2017010901, Entry No.2018005778, pp.3 – 4
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 6 of 9

DIVINEGRACE na TCT No.090-20171010901 ay na-cancel rin dahil na-

subdivide sa 6 na lote ang lupa.
Lot 505-A 10,000 SQ.M TCT No. 090-2018006577
Lot 505-B 20,636 SQ.M TCT No. 090-2018006578
Lot 505-C 1,317 SQ.M TCT No. 090-2018006582
Lot 505-D 10,000 SQ.M TCT No. 090-2018006579
Lot 505-E 9,029 SQ.M TCT No. 090-2018006580
Lot 505-F 56,053 SQ.M TCT No. 090-2018006581
At nalaman ko pa na noong April 30, 2018 ibinenta ni DIVINGRACIA kay
REPUBLIC BANANA CORPORATION ang 20,636 SQ.M (Lot505-B, TCT
No.090-2018006578.) Nalaman ko rin na ang Lot505-A na may sukat na 10,000
SQ.M ay ibinenta rin ni DIVINEGRACE kay 88KITTENS CORPORATION
noong August 13,2018. Kaya yung TCT No.090-2018010097 ay nakansela at na-
issue ang TCT No.090-201810097 sa pangalan ni 88KITTENS.)

14. Q: I am showing to you copies of TCT No. 090-

2018006577, TCT No.090-2018006578, TCT No. 090-
2018006579, TCT No. 090-2018006580, TCT No. 090-
2018006581, TCT No. 090-2018006582 and TCT No. 090-
2018010097, what is the relation of these documents to the
ones you mentioned?
A: They are the same documents ma’am. (‘yan ang
tinutukoy kong dokumento.)
(May we respectfully request your honor that said document, attached
to the complaint as Annexes “F,” “G,” “H,” “I,” “J,” “K,” and “L”
be marked as Exhibits “G,” “H,” “I,” “J,” “K,” “L” and “M,” for
the plaintiff.)

15. Q: What did you do after finding out all these matters?
A: I sought legal advice and assistance and I then filed
a criminal complaint against Defendant KUYAWILL
DIVINEGRACE, SR., and a certain RICARDO T. OCTAVIO
(Notary Public) for FALSIFICATION BY NOTARY (Art.171)
FALSIFICATION AND USE OF FALSIFIED DOCUMENTS
(Art.172) AND OTHER FORMS OF SWINDLING (Art.316),
RPC and this instant civil case. What they did was illegal and it
should not be done to anyone so we are seeking legal
remedies. This had been hard on our part to know that my
mother’s treasured land had been illegally transferred to some
other people because of our lack of knowledge about these
matters. (Nagtanong at humingi na po ako ng tulong sa abogado at pagkatapos
po ay nag-file po ako ng reklamo laban kay KUYAWILL DIVINEGRACE, SR.
at sa Notary Public na nagpeke ng Deed of Sale. At nag-file na rin po ako ng
kasong ito para mabawi ang lupa namin. Hindi po maganda ang ginawa nila at
hindi na dapat ito maulit sa iba kaya dapat po itong itama sa legal na paraan.
Mahirap po isipin na ang naiwan ng nanay ay napunta sa iba dahil wala kaming
sapat na kaalaman tungkol sa mga ganitong bagay.)
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 7 of 9

16. Q: I am showing to you a copy of a criminal complaint

for falsification, what is the relation of this document to the one
you have mentioned?
A: That is the same document ma’am.(‘yan po ang
tinutukoy kong dokumento.)
(May we respectfully request your honor that said document be
marked as Exhibit “N,” for the plaintiff.)

17. Q: What is your prayer in this instant complaint?

A: It is my prayer that while this case is being heard,
the Honorable Court issue an order enjoining defendant from
selling, disposing, transferring and/or exercising rights of
ownership over the subject parcel of land, to prevent further
damage and injury to my rights over the property as
DECEASEDJASTILLANO’s surviving heir. Further, I pray that
after due hearing, this Honorable Court render judgment:
(Hinihiling ko po na sana habang dinidinig ang kasong ito ay mag-order ang korte
sa mga Defendants na hindi nila pwedeng ibenta, i-transfer or gumawa ng anuman
doon sa lupa para sa proteksyon ko bilang tagapagmana ni nanay
DECEASEDJASTILLANO. At hinihiling ko rin na sana pagkatapos ng hearing
ay magdesisyon ang korte na:)

A. Declaring the Deed of Sale between Defendant

DIVINEGRACE and PLAINTIFF’s deceased mother
LORETO, NULL AND VOID AB INITIO, thereby
reinstating TCT No.T-55302. (Ipawalang-bisa ang Deed of
Sale sa pagitan ng nanay DECEASEDat DIVINEGRACE, para
maibalik ang titulo ng nanay ko, ang TCT No.T-55302.)

B. Declaring the Deeds of Sale between Defendant

DIVINEGRACE seller, and Defendant REPUBLIC
BANANA and Defendant 88KITTENS, buyers dated 30
April 2018 and 13 August 2018, respectively, NULL
AND VOID AB INITIO. (Ipawalang-bisa ang Deed of Sale na
ginawa ni DIVINEGRACE at REPUBLIC BANANA
CORPORATION at DIVINEGRACE at 88KITTENS.)

C. Declaring the following Transfer Certificates of Titles

Lot 505-A 10,000 SQ.M TCT No. 090-2018010097
Lot 505-B 20,636 SQ.M TCT No. 090-2018006578
Lot 505-C 1,317 SQ.M TCT No. 090-2018006582
Lot 505-D 10,000 SQ.M TCT No. 090-2018006579
Lot 505-E 9,029 SQ.M TCT No. 090-2018006580
Lot 505-F 56,053 SQ.M TCT No. 090-2018006581
NULL and VOID AB INITIO.(Ipawalang-bisa ang mga titulong
TCT No. 090-2018010097, TCT No. 090-2018006578, TCT No. 090-
2018006582, TCT No. 090-2018006/579, TCT No. 090-2018006580
at TCT No. 090-2018006581)
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 8 of 9

D. Ordering Defendants to pay Moral Damages in the

amount of Php100,000, Exemplary Damages in the
amount of Php100,000 and Attorney’s Fees in the
amount of Php 100,000 and Ten Thousand Pesos
(Php 10,000) per court hearing and to pay costs of suit;
and, (Utusan ang mga defendants na magbayad ng Moral
Damages,100,ooo; Exemplary Damages, 100,000; at Attorneys Fees,
100,000 at 10,000 kada hearing at lahat ng ginastos ko sa pagsampa ng
kasong ito.)

E. Other reliefs just and equitable under the premises are

likewise prayed for. (At hinihiling ko rin ang anumang nararapat
sa kasong ito)

No further questions your honor.

I have answered Atty. Prado’s questions, truthfully and based on my

personal knowledge knowing fully well that I do so under oath and that I may face
criminal liability for any false testimony.

PLAIN
TIFFS. JASTILLANO

ATTTESTATION CLAUSE
I, COUNSELI. PRADO attest under oath that I personally conducted the
examination of the witness, PLAINTIFFS. JASTILLANO and that I faithfully
recorded and/caused to be recorded the questions I asked Mr. Jastillano and the
corresponding answers she gave me. Further, neither I nor any person coached
Ms. Jastillano regarding his answers.

COUNSELI. PRADO

SIGNED AND SWORN to before me this _______________________ in

_________________________, by PLAINTIFFS. JASTILLANO who exhibited to
me His Driver’s License No.N04-13-014058 valid until October 5, 2023 and
COUNSELI. PRADO who exhibited to me her IBP ID with Roll of Attorneys
Number 58242.
Notary Public
Doc No. ________;
Page No. _______;
Book No. _______;
Series of 2021

Copy furnished:
 Judicial Affidavit of PLAINTIFFJastillano
PLAINTIFFJastillano vs KUYAWILL DIVINEGRACE,
et.al
Page 9 of 9

KUYAWILL DIVINEGRACE, SR.

25 Lopez Jaena St., Lapaz, Iloilo City

REPUBLIC BANANA CORPORATION

Dagat-Dagatan Avenue, Brgy.Longos, Malabon City

88KITTENS CORPORATION
10th Floor Columbia Towers, Brgy.Wack-wack,
OrtiBANANA Avenue, Mandaluyong City